HAR §17-2017-20
HAR §17-2017-20. Relocation assistance programs
Length: 3,326 wordsOfficial source
Cite as Haw. Code R. § 17-2017-20
( a )
Planning for relocation programs shall be accomplished
in stages :
( 1 )
Until such time a s the final location i s
approved, the tenant i s not to be dis turbed
in any way.
Prior to the completion of this
stage, the state agency shall make
preliminary investigation which will furnish
the following information for each of the
various alternative locations given final
consideration :
2017-23
§17-2017-20
{A)
Identify the approximate number of
individuals and families to include the
number of adults and children as well
•
11aJ ~e:loc;a't!ion housing requirements in
terms of number of bedrooms needed to
accommodate the displacees;
(B)
Identify the number and type of
businesses, farms, and non-profit
organizations as well as the type and
quantity of space or area needed to
meet the requirements for the displaced
businesses, farms and non-profit
organizations;
(C)
The probable availability of comparable
replacement housing, commercial or
industrial space and farm areas in the
areas of preference and within the
financial means of those being
displaced; and
(D}
Outline the basis upon which the
preliminary findings of the state
agency are made and include same in the
required relocation plan.
(2)
The state agency, prior to proceeding with
acquisition negotiations or construction,
sha~l. fµ~IJ;i.~"'h the following information for
the'ct,rpaf~t-ion 1 s review and approval:
(A)
The methods and procedures by which the
needs of every individual to be
displaced will be evaluated and
correlated with available decent, safe,
and sanitary housing at reasonable
rents or prices and readily accessible
to the individual's place of
employment;
(B)
The methods and procedures by which the
state agency will assure an inventory
of currently available comparable
housing which is decent, safe, and
sanitary, including type of building,
state of repair, number of rooms, needs
of the person or family being
e, 6 tO 1
2017-24
e, 6 tO 1
§17-201 7-20
(A)
Identify the approximate number of
individuals and families to include the
number of adults and children as well
'ae relocation housing requirements in
terms of number of bedrooms needed to
accommodate the displacees ;
(B)
Identify the number and type of
businesses, farms , and non-profit
organizations as well as the type and
quantity of space or area needed to
meet the requirements for the displaced
businesses, farms and non-profit
organizations ;
(C)
The probable availability of comparable
replacement housing, commercial or
industrial space and farm areas in the
areas of preference and within the
financial means of those being
displaced; and
( D)
Outline the basis upon which the
preliminary findings of the state
agency are made and include same in the
required relocation plan .
(2)
The state agency, prior to proceeding with
acquisition negotiations or construction,
shall fur?i s the following information for
the 'carpo'dlion ' s review and approval :
(A)
The methods and procedures by which the
needs of every individual to be
displaced will be evaluated and
correlated with available decent , safe,
and sanitary housing at reasonable
rents or prices and readily accessible
to the individual ' s place of
employment ;
(B}
The methods and procedures by which the
state agency will assure an inventory
of currently available comparable
housing which is decent, safe, and
sanitary, including type of building,
state of repair, number of rooms , needs
of the person or family being
26 10 1
2017-24
§17-20:7-:C
displaced, type of neighborhood,
proximity of public transportation and
commercial shopping areas, and distance
to any pertinent social institutions,
such as church and community
facilities; and
(C)
An analysis relating to the
characteristics of the inventories so
as to develop a relocation plan which
will:
(i)
Outline the various relocation
problems disclosed by the above
survey;
(ii) Provide an analysis of federal,
state, and community programs
affecting the availability of
housing currently in operation in
the project area;
(iii)Provide detailed information on
concurrent displacement and
relocation by other governmental
agencies or private concerns;
(iv) Provide an analysis of the
problems involved and the method
of operation to resolve and
relocate the relocatees;
(v}
Estimate the amount of lead time
required and demonstrate its
adequacy to carry out a timely,
orderly, and humane relocation
program;
(vi) Assure no person lawfully
occupying real property shall be
required to move without at least
ninety days written notice; and
(vii)Furnish the names of the agencies
which will provide the relocation
assistance including an analysis
of their present workload and
ability to perform and the
estimated number and job titles of
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§17 - 2 0 1 7 -2 C
displaced , type of neighborhood ,
proximity of public transportation and
commercial shopping areas , and distance
to any pertinent social institutions ,
such as church and community
facilities ; and
(C)
An analysis relating to the
characteristics of the inventories so
as to develop a relocation plan which
wil l :
( i )
Outline the various relocation
problems disclosed by the above
survey;
( ii ) Provide an analysis of federal ,
state , and community programs
affecting the availability of
housing currently in operation in
the project area ;
( iii ) Provide detailed information on
concurrent displacement and
relocation by other governmental
agencies or private concerns ;
( iv) Provide an analysis of the
problems involved and the method
of operation to resolve and
relocate the relocatees ;
(v)
Estimate the amount of lead time
required and demonstrate its
adequacy to carry out a timely,
orderly, and humane relocation
program;
(vi ) Assure no person lawfully
occupying real property shall be
required to move without at least
ninety days written notice ; and
(vii) Furnish the names of the agencies
which will provide the relocation
assistance including an analysis
of their present workload and
ability to perform and the
estimated number and j ob titles of
2 017-25
26 0 1
§17-2017-20
relocation personnel servicing the
project.
(b)
The displacing state agency shall, in
developing relocation assistance programs, consult
with the persons to be displaced in order to ensure
that such programs are realistic and effective.
{c)
Each relocation assistance program shall be
submitted in writing to the corporation by the
displacing state agency at least one hundred twenty
days prior to any displacement.
Such programs shall
be reviewed and approved by the executive director.
(d)
Where a state agency elects to have the
relocation payments and services required by these
rules administered by another federal, state, or local
agency, it shall enter into a written contract or
agreement to that effect with the agency it selects.
Such contract or agreement shall be subject to the
approval of the executive director and shall obligate
the agency to perform the services and make the
payments in accordance with these rules.
The contract
shall also provide that the records required by
section 17-2017-18 will be retained by the agency
administering the relocation program for a period of
not less than three years after payment of the final
voucher with respect to the particular project, or
that these records will be turned over to the state
agency.
In the event these records are turned over to
the state agency, that agency will retain them for a
like period. These records shall be made available for
inspection by representatives of the corporation or of
the federal government at any reasonable hour.
{e)
The organization and procedures of any state
agency which administers a relocation program shall
provide as a minimum that;
(1)
Each project shall have assigned to it one
or more individuals whose primary
responsibility is to provide relocation
assistance;
{2)
A local subsidiary office will be
established which is reasonably convenient
to public transportation or within walking
distance of each project when the executive
2017-26
§17-2017-20
relocation personnel servicing the
proj ect .
(b)
The displacing state agency shall, in
developing relocation assistance programs , consult
with the persons to be displaced in order to ensure
that such programs are realistic and effective .
( c )
Each relocation assistance program shall be
submitted in writing to the corporation by the
displacing state agency at least one hundred twenty
days prior to any displacement .
Such programs shall
be reviewed and approved by the executive director .
{d)
Where a state agency elects to have the
relocation payments and services required by these
rules administered by another federal, state , or local
agency, it shall enter into a written contract or
agreement to t hat effect with the agency it selects .
Such contract or agreement shall be subject to the
approval of the executive director and shall obligate
the agency to perform the services and make the
payments in accordance with these rules.
The contract
shall also provide that the records required by
section 17-2017-18 will be retained by the agency
administering the relocation program for a period of
not less than three years a fter payment of the final
voucher with respect to the part icular proj ect , or
that these records will be turned over to the state
agency .
In the event these records are turned over to
the state agency, that agency will retain them for a
like period . These records shall be made available for
inspection by representatives of the corporation or of
the federa l government at any reasonable hour .
( e )
The organization and procedures of any state
agency which administers a relocation program shall
provide as a minimum that :
( 1 )
Each proj ect shall have assigned to it one
or more individuals whose primary
responsibility is to provide relocation
assistance;
( 2 )
A local subsidiary office will be
established which i s reasonably convenient
to public transportation or within walking
distance of each proj ect when the executive
2017-26
director, after consultation with the sta~e
agency, that the volume of work or the needs
of the displaced persons are such as to
justify the establishment of such an office.
These offices shall be open during hours
convenient to the persons to be displaced,
including at least one and preferably more
evenings per week if necessary;
{3)
Regardless of whether a local office is
established, personal contact will be made
with each person to be displaced to explain
the relocation payments and assistance which
are available and to assist in completing
any applications required.
If such contact
cannot be made, the state agency shall
furnish documentation to show that
reasonable efforts have been made to achieve
this contacti
(4)
Relocation officials shall maintain personal
contact and exchange information with other
agencies rendering services useful to
displaced persons.
Such agencies include
social welfare agencies, urban renewal
agencies, redevelopment authorities, public
housing authorities, the Federal Housing
Administration, United States Department of
.. veterans Affairs, and Small Business
Administration.
Personal contact shall also
be maintained with local sources of
information on private replacement
properties, including real estate brokers,
real estate boards,· property managers,
apartment owners and operators, and home
building contractors.
Subscriptions may be
maintained for multiple listing services,
apartment directory services, and
neighborhood and metropolitan newspapers;
and
(5)
The local relocation office shall maintain
and provide:
(A)
Lists of replacement dwellings drawn
from various sources, suitable in
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Administration,
§1 7-2 0 1 -2 "
director, after consultation with the state
agency, that the volume of work or the needs
of the displaced persons are such as to
justify the establishment of such an office .
These offices shall be open during hours
convenient to the persons to be displaced,
including at least one and preferably more
evenings per week if necessary;
( 3 )
Regardless o f whether a local office is
established , personal contact will be made
with each person to be displaced to explain
the relocation payments and assistance which
are available and to assist in completing
any applications required .
If such contact
cannot be made, the state agency shall
furnish documentation to show that
reasonable efforts have been made to achieve
this contact;
( 4 )
Relocation officials shall maintain personal
contact and exchange information with other
agencies rendering services useful to
displaced persons .
Such agencies include
social welfare agencies, urban renewal
agencies , redevelopment authorit ies , public
housing authorities, the Federal Housing
Administration, United States Department of
( 5 )
• Veterans Affairs , and Small Business
Administration .
Personal contact shall also
be maintained with local sources of
information on private replacement
properties , including real estate brokers,
real estate boards , · property managers ,
apartment owners and operators, and home
building contractors .
Subscriptions may be
maintained for multiple l isting services,
apartment directory services , and
neighborhood and metropolitan newspapers;
and
The
and
{A)
local relocation office shall maintain
provide :
Lists of replacement dwellings drawn
from various sources, suitable in
2017-27
·2t6J lO t
§17-2017-20
( B}
{ C)
{ D)
( F)
price, size, and condition for
displaced persons to the extent they
are available;
Current data for such costs as security
deposits for utilities, damages,
leases, closing costs, typical
downpayments, and interest rates and
terms;
Maps showing the location of schools,
parks, playgrounds, shopping, and
public transportation routes in the
area;
Schedules and costs of public
transportation; and
Other recommended information to be
provided by relocation offices
including copies of a brochure
explaining its relocation program,
local ordinances pertaining to housing,·
building codes, and open housing;
Federal Housing Administration and
United States Department of Veterans
Affairs booklets of information on
inspecting and evaluating replacement
housing; and consumer education
literature on housing, shelter costs
and family budgeting.
[Eff NOV } 5 2004
]
(Auth:
HRS §111-6)
(Imp:
HRS §111-
6)
2017-28
2,610 1
§17-2 0 1 7-20
( B)
( C )
( D )
( F )
price , size , and condition for
displaced persons to the extent they
are available ;
Current data for such costs as security
deposits for utilities , damages ,
leases , closing costs, typical
downpayments , and interest rates and
terms ;
Maps showing the location of schools ,
parks , playgrounds , shopping , and
public transportation routes in the
area;
Schedules and costs of public
transportation ; and
Other recommended information to be
provided by relocation offices
including copies of a brochure
explaining its relocation program,
local ordinances pertaining to housing, ·
building codes, and open housing;
Federal Housing Administration and
United States Department of Veterans
Affairs booklets of information on
inspecting and evaluating replacement
housing ; and consumer education
literature on housing , shelter costs
and family budgeting .
[Eff NOV 1 5 200)4
]
(Auth :
HRS §111-6)
( Imp :
HRS § 1 1 1 -
6)
2017-28
EXHIBIT A
NOV i 5 2004 , 2004
OPTIONAL FIXED PAYMENTS MOVING COST SCHEDULE
APPLICABLE TO STATE FUNDED DISPLACEMENTS
The following optional fixed payments moving cost
schedule applies to unfurnished and furnished dwelling
units as indicated:
A.
Allowances for Moving Expenses for Unfurnished
Dwelling Units:
Occupant owns furnishings - also applies to
partly furnished units.
1)
1
2
3
4
5
6
7
8
Rooms Rooms Rooms
Rooms Rooms Rooms Rooms
Rooms
.,,.
*
..
•
.,.
;,
..
*
$65
$100
$135
$175
$215
$255
$295
$300
2)
In addition to the allowances for the moving
expenses shown in A. (l) above, for
unfurnished dwelling units, a dislocation
allowance of $200 is also authorized for
each individual or family displaced.
3)
The maximum optional fixed payments amount
is $500 per individual or family displaced.
This amount is composed of a maximum of $300
for moving expenses and $200 for a
dislocation allowance.
B.
Allowances for Moving Expenses for furnished
Dwelling Units:
Occupant does not own
furnishings. The furnishings are owned by the
landlord.
2 6 ·O I
EXHIBIT A
NOV i 5 2004 , 2004
OPTIONAL FIXED PAYMENTS MOVING COST SCHEDULE
APPLICABLE TO STATE FUNDED DISPLACEMENTS
The fol lowing optional fixed payments moving cost
schedule applies to unfurnished and furnished dwelling
units as indicated:
A.
Allowances for Moving Expenses for Unfurnished
Dwelling Units :
Occupant owns furnishings - also applies to
partly furnished units .
1 )
1
2
3
4
5
6
7
8
Rooms Rooms Rooms Rooms Rooms Rooms Rooms Rooms
A
k
9
8
3•
$65
$100
$135
$ 175
$215
$255
$295
$300
2)
In addition to the allowances for the moving
expenses shown in A . ( l) above, for
unfurnished dwelling units, a dislocation
allowance of $200 is also authorized for
each individual or family displaced .
3 )
The maximum optional fixed payments amount
is $500 per individual or family displaced .
This amount is composed of a maximum of $ 300
for moving expenses and $200 for a
dislocation allowance .
B .
Allowances for Moving Expenses for Furnished
Dwelling Units :
Occupant does not own
furnishings . The furnishings are owned by the
landlord .
2 6 0 1
1)
1 Room*
Each Additional
Room*
$50
$25
Up to a combined maximum of $300.00
2)
In addition to the allowances for the moving
expenses shown in B. (1) above, a dislocation
allowance of $200 is also authorized for
each individual or family displaced.
3)
The maximum optional fixed payments amount
is $500 per individual or family displaced.
This amount is composed of a maximum of $300
for moving expenses and $200 for a
dislocation allowance.
*Eligible rooms do not include bathrooms, hallways and
closets.
216 0 1
1 )
1 Room*
Each Additional
Room*
$50
$25
Up to a combined maximum of $ 30 0 . 0 0
2 )
I n addition to the allowance s for the moving
expenses shown in B . ( 1 ) above, a dislocation
allowance of $200 is also authorized for
each individual or family displaced .
3 )
The maximum optional fixed payments amount
is $500 per individual or family displaced .
This amount is composed of a maximum of $300
for moving expenses and $200 for a
dislocation allowance .
*El igible rooms do not include bathrooms, hallways and
closets .
DEPARTMENT OF HUMAN SERVICES
The repeal of chapter 15-179 and the adoption of
chapter 17-2017, Hawaii Administrative Rules, on the
Summary Page dated October 21, 2004 was adopted on
October 21, 2004 following public hearings held on
September 14, 2004 after public notice was given in
the Honolulu Star-Bulletin, The Garden Island, The
Maui News, West Hawaii Today, and the Hawaii Tribune-
Herald newspapers on August 12, 2004.
The repeal and adoption shall take effect ten
days after filing with the Office of the Lieutenant
Governor.
APPROVED AS TO FORM:
6£: Ol\1 \1- AON
\'O.
CHARLES A. $TED, Chairperson
Housing and Community
_ _P-~opment Corporation of
.,,,.,✓·- HawaJ.i
C-1.~
THEODORE E. LIO
Director of Business,
Economic Development and
Tourism
LINDA LINGLE
Governor
State of Hawaii
Date:
NOY •s -
Filed
·2·6 ·O 1
CHARLES A
$TED
Chairper
.,,,.,✓·- HawaJ.i
C-1.~
LINDA LINGLE
Governor
State of Hawaii
Date:
NOY •s -
6£: Ol\1 \1- AON
\'O.
DEPARTMENT OF HUMAN SERVICES
The repeal of chapter 15-179 and the adoption of
chapter 1 7 -201 7 , Hawai i Administrative Rules , on the
Summary Page dated October 2 1 , 2 004 was adopted on
October 2 1 , 2004 following publ ic hearings held on
September 1 4 , 2004 after publ ic notice was given in
the Honolulu Star-Bulletin, The Garden Island, The
Maui News , West Hawaii Today, and the Hawaii Tribune
Herald newspapers on August 12, 2004 .
The repeal and adoption shall take effect ten
days after filing with the Office of the Lieutenant
Governor .
APPROVED AS TO FORM :
6: Oli tP- AON 1PO.
CHARLES A . STED, Chairperson
Housing and Community
Development Corporation of
ƕ Ɩ Hawaii
4
1 A.
THEODORE E . LIU
Director of Business,
Economic Development and
Tourism
LINDA LINGLE
Governor
State of Hawaii
Date:
_NOY 3 2%
Filed
2.6 0 1